Veterans Justice Court

Superior Court of California County of San Francisco

Policies and Procedures Manual

June, 2017

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CONTENTS Introduction .......................................................................................................................................................................... 2

Mission .................................................................................................................................................................................... 2

Goals ......................................................................................................................................................................................... 2

Data Collection and Evaluation ..................................................................................................................................... 3

Procedures ............................................................................................................................................................................. 3

Legal Eligibility .................................................................................................................................................................... 5

VJC Case Outcomes ............................................................................................................................................................. 6

Referrals ................................................................................................................................................................................. 6

Assessment and Treatment Plan .................................................................................................................................. 7

Clinical Assessment ............................................................................................................................................................ 7

Risk Assessments ................................................................................................................................................................ 7

Confidentiality ...................................................................................................................................................................... 9

Case Management and Progress Reports................................................................................................................ 11

Bench Warrant Participants Returning to Calendar .......................................................................................... 11

Drug Testing ........................................................................................................................................................................ 12

Groups ................................................................................................................................................................................... 13

Phases .................................................................................................................................................................................... 13

Measuring Compliance ................................................................................................................................................... 16

Administration of Sanctions & Incentives .............................................................................................................. 16

Case Conferencing ............................................................................................................................................................ 17

Procedure for Court ......................................................................................................................................................... 19

VJC Felony Probation....................................................................................................................................................... 19

Successful Completion of VJC ....................................................................................................................................... 21

Unsuccessful Termination from VJC ......................................................................................................................... 22

Closing Participant Records/Ending VJC Episodes in the Database ........................................................... 22

APPENDICES ....................................................................................................................................................................... 23

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INTRODUCTION The San Francisco Veterans Justice Court (VJC) is a collaborative court that serves military veterans. The court provides substance abuse and mental health treatment, housing assistance, and academic or vocational training. VJC is a partnership with the Veterans Administration, District Attorney’s Office, Public Defender’s Office, Department of Public Health, Human Services Agency, Adult Probation Department, the San Francisco Bar Association and its defense counsel, San Francisco Sheriff’s Department, and various other city agencies and community groups.

MISSION The Veterans Justice Court addresses the specialized needs of military veterans facing criminal charges who agree to participate in treatment, social services, education and support services necessary for them to return to productive, independent and crime-free lives.

GOALS

Restore VJC participants to productive lives

Reduce recidivism and increase public safety

Provide VJC participants with the support needed to reintegrate into civilian society successfully

Connect VJC participants to veterans’ services

Connect VJC participants to health and mental health services and other support which they can continue to access after graduation from VJC

Create opportunities for VJC participants to engage in community service

Provide linkages to substance abuse and mental health treatment

Address issues of homelessness through VA services and connection to housing resources

Promote abstinence

Provide links to job training

Introduce alternatives to criminal thinking and behavior Guiding Principles The VJC accomplishes its goals by doing the following:

Promote Participant Accountability: Rigorously monitor compliance with Court orders and provide clear consequences for non-compliance, and decrease the time between offense and Court appearance.

Evidence-Based Programming: Promote the use of evidence-based practices among treatment staff, attorneys, probation officers and judicial officers in sentencing and monitoring. Evidence-based practice refers to the use of research and scientific studies to determine the best practices in the field.

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Individualize Justice: Use evidence-based risk and needs assessment instruments to create tailored trauma-informed interventions and alternative sanctions.

Engage with Respect: Treat participants with dignity and protect their due process rights.

Foster Collaboration: Encourage cooperation among government agencies and community organizations to find creative solutions to local problems.

Evaluate Progress: Collect and analyze data to assess process, outcomes, and cost benefits.

DATA COLLECTION AND EVALUATION The VJC collects data and conducts performance evaluations and surveys to assess its operations and progress toward program goals.

VJC Electronic Database: All clinical and Court operations are recorded in the VJC database. The database, accessible by the VJC team, provides information regarding participants’ offenses, scheduled Court dates, Court orders, treatment plans, community service, group attendance, and case dispositions. (See Appendix A: Database Confidentiality Statement)

Performance Evaluation: Statistics on clinical and Court operations are compiled from the VJC database to assess strengths and weaknesses and improve operations and policy development.

PROCEDURES Location, Hours of Operation, Court Schedule The VJC, designated Department 4 (M04), is located at 850 Bryant St, Dept. 23.The VJC team meets every Monday and Wednesday at 1:30 p.m. for case conferencing. The court calendar is heard every Monday at 2:15 p.m. and Wednesday at 3:00 p.m. VJC Participants are seen outside of court at either the VA Downtown Clinic at 401 3rd St, San Francisco with drop-in hours of Thursday from 9:00-11:00 am, or by appointment with their case managers. Personnel

The VJC is the collaborative effort of several governmental and community agencies. The VJC receives support for programmatic and policy decisions by the Superior Court’s Collaborative Court staff. (See Appendix B: Organizational Chart)

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VJC Team/Partner Agencies Judge: A San Francisco Superior Court Judge hears all VJC cases. The Judge regularly reviews case status reports detailing each participant’s compliance with his/her treatment plan, administers sanctions and incentives to increase each participant’s accountability and long-term compliance, and ensures timely resolution of legal issues. VJC Coordinator: The Coordinator is responsible for the overall administration and coordination of the VJC. The VJC Coordinator ensures that the court and social service functions are operating efficiently and effectively and facilitates communication among team members. The Coordinator participates in case conferencing, attends court, and monitors compliance with VJC Policies and Procedures. Department of Veterans Affairs, San Francisco VA Medical Center (VA): VA certified social workers and health workers provide psychosocial assessments and on-going case management for VJC participants. The VA providers link the participant with appropriate resources and service organizations and lead onsite support groups. Jail Health/HealthRight 360: A clinical social worker provides case management to veterans who do not receive full VA health care benefits, administers drug tests, and runs groups. District Attorney: A dedicated Assistant District Attorney represents the People in VJC cases. The role of the DA is to review new cases and to work with the team to negotiate dispositions and ongoing supervision that addresses the participant’s criminal history and social needs and reduced recidivism. Adult Probation Department (APD): A team of dedicated San Francisco APD officers oversee and monitor probationers with Department 04 cases. One of the officers is assigned to update court reports, and to attend case conferencing and court sessions. Public Defender/Defense Attorney: Either an assigned Deputy Public Defender or an appointed or retained private defense attorney represents and counsels the participant in all court proceedings. While protecting the participant’s constitutional rights, defense attorneys use a collaborative approach to find solutions that will minimize the participant’s exposure to incarceration, reduce the risk of recidivism, and mitigate the consequence of a criminal conviction. Human Services Agency (HSA) Providers: HSA staff help VJC participants apply for and acquire food stamps, shelter, Medi-Cal, and County Adult Assistance Programs (CAAP) income, including General Assistance (GA). San Francisco Sheriff’s Department (SFSD): The SFSD provides bailiffs who ensure safety during court proceedings, bring participants to court from custody and execute remands and releases as ordered by the judge. The bailiffs will also retain and process paperwork for Supervised Pretrial Releases from custody to treatment facilities.

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Department of Public Health (DPH) Providers: DPH certified social workers and health workers provide psychosocial assessments for VJC clients with VA Health Care benefits. DPH providers link the client with appropriate resources and programs. Courtroom staff: A court clerk, court reporter, and Deputy Sheriff serve the VJC. Veteran Mentors: A volunteer team of veterans from different military branches and service eras assist the participants to provide support.

LEGAL ELIGIBILITY a. Misdemeanor Offenses

1. Individuals charged with misdemeanors are eligible on a pre-plea basis except for the

charges listed under item 2, below. 2. Individuals charged with the following misdemeanors are eligible following the grant of

probation: (1) drunk driving or other driving offenses, (2) gang allegations, (3) hate crimes, (4) domestic violence, (5) demonstration cases, (6) elder abuse, (7) crimes involving children, and (8) gun cases.

3. Unless waived by the District Attorney, an individual charged with three or more pre-

plea cases will be eligible for VJC following a grant of probation only. b. Felony Offenses

1. Individuals charged with felony offenses eligible for sentencing under Penal Code section 1170(h) are eligible for VJC on a pre-plea basis.

2. For cases that are not pre-plea eligible, the District Attorney may offer a Deferred Entry of Judgment disposition on a case-by-case basis.

3. Individuals charged with felonies, other than described in number 1 and 2 above, are eligible following a grant of probation.

4. Unless waived by the District Attorney, an individual charged with three or more open eligible cases will be eligible for VJC following a grant of probation only.

Where a legal disposition is a prerequisite to VJC eligibility, the disposition must be reached within six weeks of clinical assessment for the participant to remain in VJC—unless waived by the Judge. A participant must agree to three conditions to be suitable for the VJC:

(1) Attend court as ordered; (2) Meet with clinical staff regularly as ordered; (3) Follow the treatment plan recommendations.

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If a participant persistently fails to adhere to these requirements, the Judge—with input from the VJC team—may deem a participant unsuitable, and may return the participant’s case to criminal court.

VJC will comply with all eligibility criteria required by any grants.

VJC CASE OUTCOMES

Negotiated benefits of successful completion of collaborative court include the following, unless there is a negotiated disposition to the contrary at the time the participant enters:

1. For pre-plea cases:

Dismissal of a case pursuant to PC 1000.5/1001.7/1001.80 and sealing of arrest and related court files and records pursuant to PC 851.90/1001.9/1001.80.

2. For post-plea cases:

The reduction of a felony plea to a misdemeanor conviction for 17(b) eligible offenses;

The withdrawal of a plea to a strike offense in lieu of additional terms agreed to by the parties;

The withdrawal of a plea and dismissal pursuant to PC 1000.3/1000.9//1170.9 and sealing of arrest and related court files and records pursuant to PC 851.90 and 1001.80.

3. For probation cases:

Reduction of length of probation term pursuant to PC 1203.3 and permanent stay of fines, fees and conviction pursuant to PC 1203.4;

The reduction of a felony conviction to a misdemeanor conviction for 17(b) eligible offenses.

REFERRALS Criminal courts may refer clients who are both interested and identified as having served in the military to VJC. The VJC team will determine military service, VA benefits, and legal eligibility. Once military service and benefits are determined, a VJC case manager will conduct a clinical assessment to determine treatment needs. These will be communicated to the team and to the prosecution and defense outside of VJC if the case is still in the criminal courts and acceptance into VJC has a bearing on the legal outcome of the case. If military benefits cannot be determined, the participant may not be accepted into VJC until a DD214 is obtained confirming military service. Courts should refer people for VJC eligibility determination as soon as they have been identified as military veterans. Except in extraordinary circumstances, and with prior approval of the VJC Judge, judges should not attempt to resolve the case or take a plea which includes VJC participation as a condition.

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First Appearance: Veteran participants will be identified as soon as possible after they appear on the VJC calendar, and the name, date of birth and social security number will be given to VA staff for identification of benefits. Once benefits are determined, the client will be referred to the appropriate agency for clinical assessment and treatment plan, either in custody or out of custody. Participants may live and receive treatment outside of San Francisco.

Second Appearance: The second appearance typically occurs in one week and an appropriate case path is determined.

In Custody Appearances: Veterans who are referred to VJC in custody or who are taken into custody from a VJC bench warrant will be calendared for Monday, unless circumstances require a Wednesday appearance. . Veterans will be released as soon as possible.

Subsequent Appearances: The VJC Judge schedules subsequent status hearings. Most participants begin with weekly court dates.

Treatment plan development and tracking is the full responsibility of the VA Clinical Staff for participants who qualify for full VA benefits. Jail Health is responsible for Veteran participants who have no benefits or who qualify for Grant Per Diem benefits, and will coordinate services as appropriate with the VA. Unsuccessful Termination: If a participant is unable to complete the requirements of VJC, s/he may be terminated from the VJC. The legal outcome at the time of the termination will be based on the current legal posture of the case or the negotiations at the time of the termination. New charges: Once a participant who has been referred to VJC is arrested or cited for an additional offense, the Judge may initiate an evaluation of legal suitability to remain in VJC.

ASSESSMENT AND TREATMENT PLAN

CLINICAL ASSESSMENT Individuals whose cases are heard at the VJC are assessed by a VA or Jail Health clinician. The clinician gathers basic clinical information and other relevant demographic information to determine the appropriate case plan. (See attached Appendix C: VJO Psychosocial Template)

RISK ASSESSMENTS A deputy probation officer (DPO) administers risk and needs assessment instruments (“assessment”) on all VJC participants who are ordered to be assessed. The Judge will order assessment for those participants who have not been assessed by Adult Probation, unless exempted by the Judge. The assessment tools are the short-form Correctional Offender Management Profiling for Alternative Sanctions (COMPAS); the long form COMPAS for probation clients; the TCU Drug Screen II; and the Correctional Mental Health Screen (CMHS) for men and women. The assessment process is:

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The VJC Judge refers the participant to the assigned DPO for an assessment. o If the participant is already on felony probation, the DPO checks APD records to see if a

risk assessment has been completed within the past year. If so, the results of that assessment are distributed to the team, and a new assessment is not ordered.

For clients not on felony probation, once an Initial Treatment Plan is developed, defense counsel will review the treatment plan and advise the client regarding the terms of participation in VJC, including the court requirement to complete a risk assessment and the pertinent release forms.

If defense counsel and participant agree to the risk assessment interview, the participant calls the DPO to make an appointment immediately to schedule the risk assessment appointment with the DPO. If the participant does not agree to the risk assessment, the case will go back to criminal court.

An APD Release of Information must be signed by the participant prior to the risk assessment by the DPO. Defense counsel may be present for all assessments conducted by the Adult Probation Department and all communication with the DPO. Every effort will be made to schedule appointments for the risk assessment interview within one week of the Initial Treatment Plan. The assessment is to be conducted within two weeks of the Initial Treatment Plan. o If Defense counsel notifies the DPO, the Probation Department will not contact or speak

to non-probationers for any reason, including obtaining a release or conducting an assessment, without the presence of defense counsel.

o The participant must present the signed release to the DPO on or before the assessment. o If the participant is on felony probation without a current risk assessment, the

participant will make an appointment for a full, long-form assessment per APD procedures. If the participant is not on felony probation, s/he will be required to complete a short form assessment.

The DPO conducting the assessments will distribute a copy of the COMPAS bar chart to the DPO Court Officer and Coordinator who will share with the assigned case manager and defense attorney. Those receiving the bar chart are prohibited from duplicating or distributing the information. The results may be discussed with the CJC team, when discussing the treatment plan.

The DPO conducting the assessments prepares a written summary of the assessments and disseminates the summary to the Judge, DA, defense attorney, DPO Court Officer, program manager, and senior case manager of the VJC.

o DPO Court Officer will be present during the case conferencing. If there is a request for

any further information from the Probation Department, including a full COMPAS assessment, defense counsel must be notified and may be present for any additional assessments conducted on non-probationers.

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Should a client fail to report for the COMPAS assessment appointment, the DPO will inform the VJC team of the client’s failure to comply with the court order.

CONFIDENTIALITY The Court and partner agencies will abide by the confidentiality requirement in our eligibility guidelines and related MOUs.

No statement or information procured from statements made by the defendant to any Probation Officer, collaborative court staff, program case manager, service provider, or any member of the collaborative court team, including the Judge and District Attorney, that is made during the course of referral to or participation in a collaborative court, shall be admissible in any subsequent action or criminal proceeding in this jurisdiction or shared with any individual, agency, or entity outside of the collaborative court. Additionally, urinalysis results shall not be used in any subsequent action or criminal proceeding in this jurisdiction or shared with any individual, agency, or entity outside of the collaborative court.

Adult Probation has also confirmed their confidentiality procedures.

APD will not disclose non-probationers' specific responses to COMPAS questions, nor will APD disclose any statements made by non-probationers during the assessment process. The data from COMPAS assessments for non-probationers will not be entered or stored in APD's case management system. It will be accessible through Northpointe; however, it will only be utilized in aggregate form for research purposes. Further, APD fully complies with the City's Sanctuary Ordinance and does not assist federal immigration authorities as outlined in the Administrative Code and Departmental Policy.

Case managers will complete an intake form on each participant for entry of information in the database for tracking of demographics and reporting out to funders and partner agencies. (See attached Appendix D: Participant Intake Form), Out-of-Custody Assessments Following the first court appearance, out-of-custody participants will be immediately referred to the VA Downtown Clinic or Jail Health for assessment. VJC clinical staff conduct out-of-custody assessments for participants with full VA health care benefits, Thursdays at 9:00 AM at the VA Downtown Clinic or as otherwise scheduled.

If a participant fails to attend the ordered assessment, the participant should contact the clinical staff for a new appointment.

If the participant returns for the assessment on their next court date, the VJC clinical staff will instruct the participant to go to court. The Judge will order the participant to be assessed. o The assessment results will not be made available until the next court date.

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o The clinical staff will enter an Initial Treatment Plan stating that participant was assessed, providing a brief overview of the participant, and delineating the proposed treatment plan.

VJC Participants who do not have full VA Health Care benefits will have an appointment with a Jail Health clinician for assessment.

Participants may also be referred to HSA for government assistance programs that could be of benefit.

In-Custody Triage Assessment for VJC Suitability The VJC clinicians will complete a triage assessment for in-custody participants to determine program suitability and record immediate needs, such as housing for the night of release from custody. These will be conducted between court appearances; however initial suitability screenings may be performed just prior to court on Mondays and Wednesdays.

Upon notification from the referring criminal court or partner agency that a participant is a veteran, a “Release of Information” (ROI) will be obtained by the VA, veteran status will be checked, the appropriate VJC clinical staff will be notified, and an in-custody assessment will be performed within five working days.

When a new in-custody participant is on the calendar, clinical staff will collect info/ROI, and conduct a basic interview. New participants will have a triage evaluation for clinical suitability, which will be shared with the Judge, prosecutor and defense counsel.

Deputies will bring participants to the holding cells by 1:30 p.m.

When a participant is found to be unsuitable for VJC, the reason(s) will be stated in the report and entered into the database for future reference.

Where possible conditions for OR, and other Judge’s orders will be noted in the database by the clinical staff for future tracking purposes.

(See Appendix E: VA Release of Information and Appendix F: Jail Health privacy/consent form) Treatment Plan The VJC clinician creates a treatment plan that targets the behavior underlying the offense and addresses other needs. This could include referral to appropriate VA services, community treatment providers, public resources, and/or group meetings. Treatment plans are flexible, addressing the participant’s baseline functioning, individual capabilities, and holistic needs including addiction level, physical, mental, and spiritual needs. Treatment plans are revised to reflect the participant’s progress. Examples of treatment plan components include:

attendance at support group meetings

participation in outpatient or residential drug treatment programs

referral to and use of mental health services, (e.g. CBT, DBT, MRT)

application for and acquisition of public benefits such as SSI, GA, and Food Stamps

application for and acquisition of shelter or other housing

furtherance of education

career development and vocational training

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The clinical staff enters and updates the treatment plan in the VJC database. The team reviews the treatment plan at the participant’s first regular court date and at subsequent case conferences and adjusts the plan based on legal and clinical factors discussed in case conferencing. The clinical staff attends case conferencing in court and gives input on progress and decisions regarding participant outcomes. The Judge considers this information in assessing progress and determining a case path for the participant. Once a participant is accepted into VJC, s/he will be given a copy of the Participant Handbook and will sign an agreement to participate in the court. Residential treatment/transportation from custody Participants who are recommended for residential treatment may be transported directly from custody when a bed becomes available. If there are significant delays for residential bed availability, the participant may be released to participate in outpatient treatment while awaiting entrance into a residential program where appropriate. A transportation order will be signed by the Judge that designates the program and identifies who will provide the transportation. Copies go to the court docket, defense attorney, ADA, participant, and case manager. (See Appendix G: Transportation Order) Community and Volunteer Service The VJC Judge may order a participant to complete designated hours of community service or other social activities, as appropriate. (See Appendix H: Community Service Protocol and Appendix I: Community Service Participant Information)

CASE MANAGEMENT AND PROGRESS REPORTS The VJC clinicians monitor the participants’ progress in fulfilling the treatment plan, communicate regularly with the participants and community treatment providers, document progress and referrals in the VJC database, and report to VJC team members. For participants on probation, the APD officer will also report on the participant’s compliance and progress via the VJC database.

BENCH WARRANT PARTICIPANTS RETURNING TO CALENDAR VJC team members may add a participant to calendar by providing a completed form to the courtroom clerk in Dept. 23/04 and to DM04@sftc.org. The form may be submitted electronically. Participants who wish to be added back to the court calendar to have bench warrants recalled must request a new calendar date from their defense attorney, clinical staff, VJC Coordinator, or Deputy Probation Officer, who will submit the “Add to Calendar” request.

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If the participant has not been in bench warrant status or out of contact with case management staff for more than 60 days and the request is made through the defense attorney, the attorney will make every effort to ensure that the participant sees his/her clinical staff and/or Deputy Probation Officer for a check-in and an update. The update will be provided to the VJC team for the upcoming court date by the clinical staff or DPO regarding recent contact (or lack thereof), suitability for BW recall, and suitability for continuance in VJC. Participants who have been away from VJC for more than 60 days need a clinical reassessment and a progress report will be made to the VJC team only in the event that the participant remains at VJC. The VJC team member (attorney, case manager, or DPO) who has contact with the participant will fill out a “Return to Calendar” slip and provide copies to: the court clerk, the case manager/DPO, the ADA, the database specialist, court coordinator, and the defense attorney. An email to all above-named parties containing the same information is also acceptable. A “Next Court Date” slip will be provided to the participant. (See Appendix J: Return to Calendar form) New court dates will be assigned no sooner than two calendar days from the date of contact, and will be delivered to the court clerk no later than 3:30 pm. Requests received after 3:30 pm will be scheduled for a court appearance at least three days from the date of contact.

DRUG TESTING VJC participants may be required to drug test based on a clinical assessment and determination by VJC case managers, which must be approved by the Judge with input from the Team. Drug Testing Procedure Participants identified as requiring drug testing will participate in drug testing at least one time per week, but no more than three times per week. Participants will be instructed to go to the Drug Court Treatment Center’s (DCTC) to test on Monday, Wednesday, and/or Friday. Participants who are unable to drug test at DCTC will be tested as determined by their case managers. Interventions and Sanctions related to drug testing For participants whose drug use is increasing, the following interventions will be considered:

o Increased frequency of drug testing o Increased frequency of treatment groups o Medication (Suboxone, methadone, etc.) o Intensive Outpatient o Detox o Residential treatment

If a participant tampers with drug tests or refuses to test, the Judge will order the appropriate sanction from the following:

o Admonishment

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o Increased frequency to court o Community service o SWAP o Remand o Termination from VJC

GROUPS Clinical staff will determine which groups, (e.g. CBT, DBT, MRT, Relapse Prevention, Mindfulness, Sobriety Support Group/Harm Reduction, Pain Management, At Ease (DV)) are needed and provide them as staffing allows or refer the participant to other appropriate programs. All groups will be evidence- and curriculum-based when possible. Group attendance will be noted in the VJC database by VJC clinical staff. A clinician may reserve the right to terminate group therapy at his/her discretion. Reasons for termination include, but are not limited to, conflicts of interest, safety and/or personal security concerns, the patients’ needs are outside of the clinician’s scope of competence or practice, or some other form of critical incident.

PHASES Phases and minimum length of participation are determined based on the VJC team’s assessment of the participant’s needs and capacity for change, and the nature and severity of the criminal conduct. The frequency of court appearances will decrease as the participant advances through the phases. Pre-Treatment: application and admissions period

The VA determines VA benefits and eligibility – (within five court days)

Prospective participants not eligible for VA benefits will be assessed by the Jail Health case manager

Participant meets with VJC case manager for clinical assessment o Must identify at least 1 area of need and willingness to engage in treatment o Develop Initial Treatment Plan

Attorneys and the Judge identify legal requirements for admission to VJC and, where necessary, agree upon conditions for participation.

Participant submits a baseline UA unless substance use is not indicated.

Participant completes orientation to VJC including review of participant handbook, general treatment goals, and specific treatment plan for Phase I of VJC.

Phase I – Goal: Demonstrating Accountability and Stability (all participants) Participants must:

Attend individual and group therapy sessions or residential program as determined in Initial Treatment Plan

Submit random UA (if applicable)

Check in weekly with VJC case manager

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If homeless, work with case manager to obtain temporary housing

If no source of income, apply for entitlements as applicable (GA, SSI, VA Benefits)

Meet with probation officer as assigned (if applicable)

Link with medical provider

If recommended, attend mental health evaluation

Attend all court hearings

Engage with mentor To advance, participants must:

Complete a minimum 6 weeks with consecutive Full Compliances or 90% Full Compliance for 8 weeks. Compliance is based on adherence to weekly treatment plan. o attend all individual and group treatment/ stay in residential program o submit UA as ordered o Meet with VJC case manager o Attend all treatment related appointments o Meet with probation as scheduled, if applicable

Maintain housing and have a plan for ongoing stable housing

Secure legal income (can include efforts to secure, if not yet complete)

Present the court with a Revised Treatment Plan for Phase II (includes reflection on accomplishments during Phase I)

Phase II – Goal: Demonstrate Engagement and Goal-Oriented Behavior (some participants charged with misdemeanors and all participants charged with felonies) Participants must:

Attend individual and group therapy sessions or residential program as determined in Revised Treatment Plan

Submit random UA (if applicable)

Check in weekly with VJC case manager

Work towards long-term housing

Meet with probation officer as assigned (if applicable)

Comply with mental health provider recommendations (if applicable)

Identify positive social activity goal

Attend all court hearings

Continue to engage with mentor To advance, participants charged with felonies must:

Complete eight weeks with consecutive Full Compliance or 90% Full Compliance for 10 weeks

Maintain or have established plan for long-term housing

Two consecutive months of negative UAs, with exemptions determined by the VJC team

Present the court with a Revised Treatment Plan for Phase III (includes reflection on accomplishments during Phase II)

To graduate for participants charged with misdemeanors must:

Complete eight weeks with consecutive Full Compliance or 90% full Compliance for 10 weeks

Maintain or have established plan for long-term housing

Two months of negative UAs, with exemptions determined by the VJC team

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Present the court with a graduation plan *Note: Most participants charged with misdemeanors should graduate after completion of Phase II Phase III – Goal: Demonstrate Recovery (all participants charged with felonies and some charged with misdemeanors) Participants must:

Attend individual and group therapy sessions as determined in Revised Treatment Plan

Submit random drug testing (if applicable)

Check in at least bi-weekly with VJC case manager/VJO

Maintain long-term housing

Meet with probation officer as assigned (if applicable)

Comply with mental health provider recommendations (if applicable)

Engage in positive social activities

Attend all court hearings

Develop and begin to implement a Graduation Plan

Maintain engagement with mentor Graduation Criteria:

Complete 10 weeks with consecutive Full Compliance or 90% Full Compliance for 12 weeks

Maintain long-term housing

Three consecutive months of negative UAs, with exemptions determined by the VJC team

Present the court with a Graduation Plan (including a plan for Aftercare Treatment) Voluntary Participants

Participants who have graduated, but remain on probation, and probationers who are referred from other criminal departments without VJC as a condition of probation may be allowed to work time off their probation term through continued treatment engagement and compliance. The participant must attend court as ordered and report to the DPO as directed. o If the participant misses court, the Judge will continue the case to a future court date

without issuing a warrant. If the participant does not appear again, the Judge may continue the case or take the matter off calendar.

o If the participant chooses to terminate voluntary participation, the participant should inform the DPO or clinical staff and s/he will be taken off the VJC calendar and instructed to report to APD.

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MEASURING COMPLIANCE Each time a VJC clinical staff member enters a progress report or case management note in the database, he/she should also define the level of the participant’s compliance:

In Compliance: Participant has completed the assigned tasks; score “10.”

Partial Compliance: Participant has completed some, but not all, of the assigned tasks ; score “5.”

Noncompliance: Participant has not completed the assigned tasks; score “0.”

If the participant is in Non- or Partial Compliance, the clinical staff should state the reason at the end of the Progress Report.

In order to demonstrate compliance and consistent treatment engagement, participants are required to bring written proof to their case managers no later than one day before the next

court appearance.

Non compliance If a participant is substantially out of compliance, the Judge may determine with input from the team members that the participant’s case will returned to the criminal court and terminated from VJC.

ADMINISTRATION OF SANCTIONS & INCENTIVES The VJC uses a system of incentives and sanctions to help participants change their behavior in positive ways so that they can succeed in the program.

Incentives and sanctions are recommended by the clinical staff based on the participant’s compliance with their treatment plan and completion of ordered tasks. Clinical staff assesses each participant’s capacity to complete tasks given their needs and circumstances.

Incentives and sanctions are discussed during case conferencing. All parties are encouraged to weigh in on the application of appropriate responses to participant behavior, including extenuating circumstances.

The Judge makes the final determination of whether to administer a sanction or incentive and if so, which specific incentive or sanction to administer.

(Please see attached Appendix K: “Sanctions & Incentives: Best Practices”)

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INCENTIVES FOR COMPLIANCE

Judicial Praise

Combined Applause/Candy/Fresh Fruit

Case Called First

Laudatory Certificate

Decreased Frequency in Court

Star of the Day/ Gift Card/Fishbowl

Time off Probation

Reduction of felony to misdemeanor

Early Case Resolution

Certificate

SANCTIONS FOR NON COMPLIANCE

Admonishment: Reminder of VJC Requirements

Assignment/Reflection (e.g. think about what you will do to get into compliance and explain this to the court)

Increased Frequency in Court

Negative Incentive (e.g. two days of SWAP or remand stayed pending compliance)

Community Service

SWAP

Remand

Termination

CASE CONFERENCING

Purpose Case Conferencing provides access to all relevant information about a case in a collaborative environment with the goal of creating optimal treatment structure, and ultimately, changing lives. Case conferencing occurs Mondays at 1:30 p.m. followed by court at 2:15 p.m., and Wednesdays from 1:30 to 3:00 p.m. followed by the court session at 3:00 p.m. The VJC Team discusses calendared cases and related programmatic and administrative issues, including the following:

Prosecutor, defense counsel, VJC clinical staff, and APD input concerning initial treatment plans and court reports

Program acceptance

Movement in program phases

Implementation and frequency of drug testing

Potential impediments to participants’ successful treatment

Implementation of incentives and sanctions

Program graduation

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Program terminations

Coordination of clinical, therapeutic, quality-of-life, and legal services

Principles

The collective expertise of team members is the cornerstone of the VJC model. All team members embrace collaborative court best practices, including attending conferences and, when possible, training.

At times, a decision made in case conferencing may change in court due to additional information presented in court.

Programmatic or administrative issues which are not easily resolved during case conferencing are deferred to another time so as not to distract from the team’s focus on participant issues.

Confidentiality Participants’ confidentiality will be maintained at all times by all team members. Team members will be follow HIPAA regulations in all communications among team members about participants, and clinical and legal issues will not be discussed outside of the VJC team without a release of information from the participant. Information obtained in the case conference shall not to be used against any participant in this or any future court proceeding outside of this collaborative court. No statement or information procured from statements made by the defendant to any Probation Officer, collaborative court staff, program case manager, service provider, or any member of the collaborative court team, including the Judge and District Attorney, that is made during the course of referral to or participation in a collaborative court, shall be admissible in any subsequent action or criminal proceeding in this jurisdiction or shared with any individual, agency, or entity outside of the collaborative court. Additionally, urinalysis results shall not be used in any subsequent action or criminal proceeding in this jurisdiction or shared with any individual, agency, or entity outside of the collaborative court. (See Appendix L: Collaborative Courts Confidentiality Admonition) Preparatory Procedures The VJC clinicians and assigned DPO will update and complete participant court reports in the database prior to the VJC court date and the Database Assistant will distribute copies either in paper or via email to all VJC team members. The VJC Administrative Staff will compile a list of participants in compliance for the VJC Judge to call first in court as well as a list of potential remands. The lists will be distributed to the VJC team and Judge at case conferencing. The Judge will review each participant report in advance, note cases that need discussion and track return to court dates. S/he will also update any changes to participant orders as they are discussed in case conferencing. The Assistant District Attorney and Deputy Public Defender or defense counsel will review case files in advance of case conferencing to identify cases for possible resolution.

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Attorneys will come to case conferencing prepared to discuss participants and will receive oral updates on participants’ progress. Team members will discuss sanctions, incentives, and case resolution. When there is insufficient time to discuss all cases needing a decision, or if the defense attorney is not present, discussions will take place at a sidebar in the courtroom or in chambers.

PROCEDURE FOR COURT Where possible, cases will be called in this order: star of the day, in-custody, in compliance, partial/non-compliance. Participants to be remanded will be called, after consultation with the deputy sheriff. Graduation ceremonies will precede the calendar call. In court responsibilities of the team include:

The Judge—with the assistance of attorneys, clinical staff and the deputy sheriff— will determine the order in which participants will be called. Defense counsel and clinical staff will confirm that matters to be addressed with the participant are resolved before the case is called by the Judge.

Court coordinator and/or administrative staff will update participant orders in the database as they occur in court, including return to court date;

Clinical staff will obtain ROIs and distribute orders, task lists, and sign-in sheets to participants as they exit court;

Clinical staff or coordinator will prepare transportation orders and have them executed in court by participant, Judge, and court clerk;

Clinical staff, attorneys, the Judge and—for felony probations— the Deputy Probation Officer will engage in sidebar discussions regarding participants;

VJC team will applaud, and make candy, fruit, and gift cards available;

Clinical staff will fill out tracking sheet for each gift card distributed.

Veteran mentors will attend court and be available to talk to participants before and after their court appearances.

VJC FELONY PROBATION

Depending on the status of the case and the VJC Phase, probationers at the VJC are primarily case managed by VJC clinical staff with supplemental information and supervision by the Adult Probation Department (SFAPD). Unless otherwise negotiated by the legal team, all VJC felony Probationers are expected to complete Pre-Treatment and all three VJC Phases:

Felony Probationer (no MTR): If there is no motion to revoke probation (MTR) and the participant’s probation is active, VJC clinical staff provides primary case management: o VJC clinical staff maintains clinical jurisdiction of the participant, however, the

participant is required to report to his/her Deputy Probation Officer (DPO), as ordered by APD.

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o If the participant is on a specialized caseload (i.e. Sex Offender, Domestic Violence, Intensive Supervision, 1170, PRCS, etc.), the participant is required to report to his/her assigned DPO who will in turn communicate with the VJC DPO. VJC clinical staff will provide the updated Progress Report and recommendation to

the Judge and other VJC team members. Adult Probation will also report on a probationer’s compliance with Probation and

should submit recommendations to the Judge regarding the probation order, which will be provided to the D.A. and defense counsel/or all other VJC team members.

o MTR: While a probationer is in MTR status, VJC clinical staff reports on clinical

compliance. Defense counsel will attempt to reach a legal resolution of the case with the assigned prosecutor and DPO within six weeks of engagement in treatment. If a probationer has a new arrest and an MTR is filed, the participant will be re-assessed for continued VJC participation.

o At any point in this process, when probation is reinstated, the Judge may order the probation period to be tolled, if applicable, pursuant to People v, DePaul and People v. Tapia cases. The Judge will state the new termination date on the record.

Regardless of status, the participant will be required to report to APD regularly and the DPO court officer will provide progress reports.

Community Assessment and Services Center (CASC). In some instances, it may be determined that a participant’s needs may be further served if s/he receives services through APD’s CASC, either instead of or in addition to VJC clinical services. In these cases the VJC Deputy Probation Officer will make arrangements with the participant’s DPO for a referral and the VJC clinical staff will share diagnosis and treatment information with the DPH contact at the CASC. The participant’s probation will be reinstated if an MTR is in place, and the participant will be sent to her/his DPO for CASC intake.

When a VJC participant has a court number that is a Penal Code §3455(a) PRCS violation o For PRCS participants who are in VJC on a § 3455(a) violation only, and they fail to

appear, APD should be notified and they will issue their own warrant. o For a PRCS participant who is in VJC on a new matter that the DA is moving on (i.e. a

new court number that is either an open case or new MTR) the Court can issue a bench warrant on that number without causing confusion because it is an open matter.

o Failures to appear by PRCS participants should always be reported by the VJC DPO to the PRCS supervisor for a warrant to be issued and the § 3455(a) case ordered off calendar.

Completion of VJC-SFAPD Condition: Probationers with a VJC Condition are eligible to complete that condition at the end of Phase 3 and to receive an incentive and certificate. The Judge, in consulting with the VJC team, may terminate probation upon VJC graduation. Where probation is not terminated upon graduation, the graduate may request to remain in VJC to continue with her/his treatment plan and to work time off probation. For every month in compliance with treatment, the client may have one month taken off her/his term

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of probation. With agreement by the team, the reduction in probation may increase to two or more months. o Graduate/voluntary participants are expected to attend court as ordered and to report

to the DPO as directed. If the graduate participant misses court more than once or requests to be taken off calendar, the case will be removed from the VJC calendar, and no bench warrant will issue.

SUCCESSFUL COMPLETION OF VJC

When the participant has completed all of the terms of his/her VJC participation, clinicians and/or other team members may recommend and the Judge will decide whether the participant is ready to complete the program. Participants completing the program will receive a gift card and a certificate, and the participant database record will be closed as a “Successful Completion.” The case manager should update the database to record the participant’s contact information, housing status and health coverage both to allow for follow up with the participant and to accumulate data for VJC evaluations.

Discharge Planning

Discharge Plans are to be completed for all successful VJC participants prior to the Successful Completion date (this is distinct from completing VJC-SFAPD conditions; please see Section XIII).

The Judge orders a Discharge Plan in anticipation of successful completion of VJC.

The Discharge Plan should be completed by the case manager and deputy probation officer (if the participant is on felony probation).

Discharge Plan Process:

o The clinician/DPO (where applicable) meets with the participant to discuss: Participant’s plan/goals re: primary issues, treatment, pro-social connections in the community post-VJC.

o The graduate will complete the graduation application (which includes post-graduation plans) that will be presented in case conferencing.

o The clinician administers an Exit Survey and returns it to the VJC Coordinator or administrative staff.

(See attached Appendix M: Exit Interview) Benefits of Graduation

The benefits available upon graduation depend on the nature of the offense and the participant’s performance, but may include: Suspending collection of fines and fees Gift card Reduction of felony to misdemeanor pursuant to PC 17b Dismissal of infractions Reduction of time on probation Early termination of probation Sealing of arrest pursuant to PC 850.91

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UNSUCCESSFUL TERMINATION FROM VJC

Types of Termination

Self-Termination: A participant may self-terminate from VJC at any time and be subject to the legal consequences of the case.

Court Termination: If a participant fails to engage in treatment, and/or to meet VJC obligations, at the request of a VJC Team member or on its own motion, the Judge may terminate a VJC participant, and the participant will be subject to the legal consequences of the case, as negotiated. Re-entry following court termination will require a new eligibility and suitability determination.

CLOSING PARTICIPANT RECORDS/ENDING VJC EPISODES IN THE DATABASE

Participant database records should be closed when the current VJC episode has ended. This occurs when the participant is no longer at the VJC (for one of the reasons listed below), or when the participant transfers from VJC to SFAPD.

Successful Completion: When a participant has successfully completed the required number of Phases and any conditions of probation, meets the relevant Successful Completion Criteria, the case has been disposed, and the participant has no further VJC obligations.

Transfer to Probation: When the supervision of a participant is transferred to the Adult Probation Department, once their VJC case (VJC condition or MTR) is resolved.

Unsuccessful Termination: When a participant has failed to engage in treatment, and failed to meet the obligations of the VJC and the case is returned to criminal court.

No Contact (60 Days or More): When a participant has had no contact with the clinical staff for 60 or more days, the clinical staff will close the episode.

Return to HOJ Processing: When a participant wishes to fight the MTR or go to trial, and the case is returned to the criminal court.

New Charge/ Ineligible: When a participant is charged with a new case that is not legally eligible for the VJC.

Probation Expiration: When a participant’s probation term expires during VJC participation.

No Contact: It is the policy of the VJC to close a treatment episode if there has been no contact between clinical provider and participant for 60 days or more.

Clinical providers should review their caseload on a monthly basis to assess records to be closed.

Prior to closing probationer records for no contact, the clinician should check in with the DPO.

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APPENDICES

A. Database Confidentiality Statement

B. Organizational Chart

C. VJO Psychosocial Template

D. Participant Intake Form

E. VA Release of Information form

F. Jail Health Privacy/Consent Form

G. Transportation Order

H. Community Service Protocol

I. Community Service Participant Information Sheet

J. Return to Calendar form

K. Sanctions and Incentives Best Practices

L. Collaborative Court Confidentiality Admonition

M. Exit Interview